Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Contracting Agency Authorization. A Contracting Agency may
authorize Offerors to submit facsimile Offers. If the Contracting Agency
determines that Bid or Proposal security is or will be required, the
Contracting Agency shall not authorize facsimile Offers unless the Contracting
Agency has established a method for receipt of such security. Prior to
authorizing the submission of facsimile Offers, the Contracting Agency shall
determine that the Contracting Agency's equipment and personnel are capable of
receiving the size and volume of anticipated Offers within a short period of
time. In addition, the Contracting Agency shall establish administrative
procedures and controls:
(a) To receive,
identify, record and safeguard facsimile Offers;
(b) To ensure timely delivery of Offers to
the location of Opening; and
(c) To
preserve the Offers as sealed.
(2)
Provisions To Be Included in
Solicitation Document. In addition to all other requirements, if the
Contracting Agency authorizes a facsimile Offer for Bids or Proposals, the
Contracting Agency shall include in the Solicitation Document (other than in a
Request for Quotes) the following:
(a) A
provision substantially in the form of the following: "A 'facsimile Offer', as
used in this Solicitation Document, means an Offer, modification of an Offer,
or withdrawal of an Offer that is transmitted to and received by the
Contracting Agency via a facsimile machine";
(b) A provision substantially in the form of
the following: "Offerors may submit facsimile Offers in response to this
Solicitation Document. The entire response must arrive at the place and by the
time specified in this Solicitation Document.";
(c) A provision that requires Offerors to
Sign their facsimile Offers;
(d) A
provision substantially in the form of the following: "The Contracting Agency
reserves the right to Award the Contract solely on the basis of the facsimile
Offer. However, upon the Contracting Agency's request the apparent successful
Offeror shall promptly submit its complete original Signed Offer.";
(e) The data and compatibility
characteristics of the Contracting Agency's receiving facsimile machine as
follows:
(A) Telephone number; and
(B) Compatibility characteristics, e.g., make
and model number, receiving speed, communications protocol; and
(f) A provision that the
Contracting Agency is not responsible for any failure attributable to the
transmission or receipt of the facsimile Offer including, but not limited to
the following:
(A) Receipt of garbled or
incomplete documents;
(B)
Availability or condition of the receiving facsimile machine;
(C) Incompatibility between the sending and
receiving facsimile machine;
(D)
Delay in transmission or receipt of documents;
(E) Failure of the Offeror to properly
identify the Offer documents;
(F)
Illegibility of Offer documents; and
(G) Security and confidentiality of
data.
Stat. Auth.: ORS
279A.065
Stats. Implemented: ORS
279C.365
